Family testifies about father’s actions in deadly spousal abuse

By Jim Haley and Scott North

Herald Writers

James Smith, 14, used to watch his dad and stepmother drink.

The drinking led to arguing, the arguing to abuse.

The fighting ended in December, when Annette Smith, 32, of Everett, died.

On Thursday, the teen-ager she raised as her own son told a Snohomish County judge that the things he witnessed in the home of his father, Jay Robert Smith, make him want to do something better with his life, like becoming a minister.

"I don’t want to be a loser," he said. "I want to be somebody."

James and his sister, Nicole Smith, 11, both testified in a fact-finding hearing ordered by Judge Ronald Castleberry, who is deciding the penalty their father should receive in a deadly spousal abuse case.

Jay Smith, 35, pleaded guilty to second-degree assault for slamming Annette Smith into a wall Sept. 15. The impact was so hard that her brain began to bleed, and she lapsed into a coma. Although Annette Smith underwent surgery and was released from the hospital, she later fell, struck her head and died on Christmas Eve.

Dr. Norman Thiersch, Snohomish County’s medical examiner, testified Thursday that Annette Smith’s brain injury in September predisposed her to the fatal trauma that came months later.

The earlier brain injury was contributory to Annette Smith’s death because "it set the stage for further injury (and) put her at risk for future injury," Thiersch said.

County prosecutors had considered charging Jay Smith with murder, but they weren’t able to make a case. Indeed, there were doubts whether they would have been able to convict Jay Smith of anything at all had he not entered into a plea agreement on the assault charge, with the understanding that prosecutors would recommend a six-month term.

But Castleberry ordered Thursday’s hearing after receiving numerous letters from friends of Annette Smith alleging a long pattern of physical and emotional abuse that finally led to her death.

The judge made it clear that he is interested in testimony that may support an exceptional sentence for Jay Smith. The maximum punishment is 10 years in prison.

Smith’s children, who live with grandparents on Whidbey Island, added fuel to the case against their father. Over the last three years, James Smith said, he went to his bedroom whenever his father and stepmother started to drink and fight.

There was a lot of fighting in the months leading up to Annette Smith’s death, he said.

"I didn’t really see him hit her, but I heard a lot of stuff," he said.

James Smith said he hid in his room "because I didn’t want to be involved with it. Because it wasn’t nice to see."

Under questioning by deputy prosecutor Paul Stern, the teen said he often heard yelling in the home and "things hitting the ground" like someone falling.

What did he think of that?

"It was kind of sad," he said.

Jay Smith’s attorneytried to place some of the blame on Annette Smith. He asked his client’s son what the fights were over and who started them.

Sometimes his stepmother started things up, James Smith said, and the fights were over "stupid things."

Nicole Smith talked about the good and bad parts of her family life. She testified her father frequently accused her stepmother of cheating on him, and once when the family lived on Camano Island she had to call the sheriff’s office to get her dad away from Annette Smith.

"It made me sad," Nicole Smith said.

Throughout the day, Stern brought in several women friends of Annette Smith, all testifying they received numerous telephone calls from her. Most of them said they had at times rescued her for a few days from a rampaging Jay Smith.

They testified about seeing bruises and seeing marked changes in Annette Smith during the six years of her marriage. During that time, she became an alcoholic and developed advanced cirrhosis of the liver. Annette Smith once told a nurse, "I drink too much so I get numb," according to court filings.

Longtime friend Christine Iverson blinked back tears as she talked about watching her friend wither from a spunky, "beautiful, voluptuous woman to a bean pole" with a broken spirit.

Iverson said she often went to her friend’s aid after Jay Smith’s assaults would cut short their phone conversations.

"I told her to get out before you leave in a body bag," she said.

You can call Herald Writer Scott North at 425-339-3431

or send e-mail to north@heraldnet.com.